Chapter 6.50
CIVIL INFRACTIONS, AUTHORITY AND PROCEDURES
Sections:
6.50.020 Applicability of chapter.
6.50.030 Duty to enforce the code.
6.50.040 Notice of infraction—Service.
6.50.050 Notice of civil infraction—Form—Contents.
6.50.060 Notice of infraction—Filing—Hearing in municipal court.
6.50.070 Notice of infraction—Determination infraction committed.
6.50.090 Notice, failure to sign, nonappearance—Failure to satisfy penalty.
6.50.100 Representation by attorney.
6.50.110 Civil infraction—Hearing—Procedure—Burden of proof—Order—Appeal.
6.50.120 Infraction—Explanation of mitigating circumstances.
6.50.130 Judgment—Fine—Restitution—Costs—Attorneys’ fees.
6.50.140 Order of court—Civil nature—Modification of penalty.
6.50.150 Notice of infraction does not limit further action.
6.50.160 Violations—Failure to provide information identifying person.
6.50.010 Definitions.
As used in this chapter unless the context clearly requires otherwise:
“City” means the city of Prosser, Washington;
“Code” means the provisions of Title 6 of the Prosser Municipal Code;
“Code enforcement officer” means any person, duly sworn by the mayor or his designee, who is performing services pursuant to the terms of a contract or agreement with the city of Prosser, Washington; it also means any of the city’s police officers, the city’s building official, and the city’s code enforcement officer;
“Court” means the Benton County district court. (Ord. 2657 § 1, 2009: Ord. 2547 § 2, 2006).
6.50.020 Applicability of chapter.
This chapter shall apply to all violations of the code which are designated as civil infractions. (Ord. 2547 § 3, 2006).
6.50.030 Duty to enforce the code.
It shall be the duty of the code enforcement department of the city of Prosser to enforce the provisions of the code which duty shall be concurrent with the authority of the Prosser police department to enforce the provisions of the code. No provisions contained in the chapter nor term used in this chapter shall impose any duty upon the city or any of its officers or employees which would subject them to damages in a civil action. Where the term “animal control authority” or “animal control officer” is used in the code, it shall mean the code enforcement officer. (Ord. 2547 § 4, 2006).
6.50.040 Notice of infraction—Service.
The code enforcement officer may issue a notice of infraction if a violation of the code occurs in his or her presence or if he or she has reasonable cause to believe that a provision of the code has been violated. A notice of infraction may be served either by:
A. The code enforcement officer serves the notice of infraction on the person named in the notice of infraction at the time of issuance; or
B. The code enforcement officer files the notice of infraction with the court, in which case the court shall have the notice served either personally or by mail, postage prepaid, on the person named in the notice of infraction at his or her address. (Ord. 2547 § 5, 2006).
6.50.050 Notice of civil infraction—Form—Contents.
The notice of civil infraction shall include the following:
A. A statement that the notice represents a determination that the infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter;
B. A statement that the infraction is a noncriminal offense for which imprisonment shall not be imposed as a sanction;
C. A statement of the specific infraction for which the notice was issued;
D. A statement that monetary penalties as set forth in this chapter have been established for each infraction;
E. A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
F. A statement that at any hearing to contest the determination the city has the burden of proving by a preponderance of the evidence that the infraction was committed; and that the person may subpoena witnesses, including the authorized representative who issued and served the notice of infraction;
G. A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the civil infraction, the person will be deemed to have committed the civil infraction and may not subpoena witnesses;
H. A statement that the person must respond to the notice as provided in this chapter within fifteen days;
I. A statement that failure to respond to the notice or a failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances will result in a default judgment against the person in the amount of the penalty and that this failure may be referred to the city’s prosecuting attorney for criminal prosecution for failure to respond or appear;
J. A statement, which the person who has been served with the notice of infraction shall sign, that the person promises to respond to the notice of civil infraction in one of the ways provided in this chapter;
K. A statement that refusal to sign the infraction as directed in subsection J of this section is a misdemeanor and may be punished by a fine or imprisonment in jail; and
L. A statement that a person’s failure to respond to a notice of infraction as promised or to appear at a requested hearing is a misdemeanor and may be punishable by a fine or imprisonment in jail. (Ord. 2547 § 6, 2006).
6.50.060 Notice of infraction—Filing—Hearing in municipal court.
A notice of infraction shall be filed in the court within forty-eight hours of issuance, excluding Saturdays, Sundays, and holidays. The court shall have jurisdiction to hear and determine these matters. (Ord. 2547 § 7, 2006).
6.50.070 Notice of infraction—Determination infraction committed.
Unless contested in accordance with this chapter, the notice of civil infraction represents a determination that the person to whom the notice was issued committed the infraction. (Ord. 2547 § 8, 2006).
6.50.080 Notice of civil infraction—Response requesting a hearing—Failure to respond or appear—Order to set aside.
A. A person who receives a notice of civil infraction shall respond to the notice as provided in this section within fifteen days of the date the notice was served.
B. If the person named in the notice of civil infraction does not contest the determination, the person shall respond by completing the appropriate portion of the notice of civil infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court’s records, and a record of the response order shall be furnished to the city.
C. If the person named in the notice of civil infraction wishes to contest the determination, the person shall respond by completing the portion of the notice of civil infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing. The date of the hearing shall not be earlier than seven days nor more than ninety days from the date of the notice of the hearing, except by agreement of the person named in the notice of civil infraction.
D. If the person determined to have committed the civil infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the notice of civil infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be earlier than seven days nor more than ninety days from the date of the notice of the hearing, except by agreement of the person named in the notice of civil infraction.
E. The court shall enter a default judgment assessing the monetary penalty prescribed for the civil infraction, and may notify the prosecuting attorney of the failure to respond to the notice of civil infraction or to appear at a requested hearing if any person issued a notice of a civil infraction:
1. Fails to respond to the notice of civil infraction as provided in subsection B of this section; or
2. Fails to appear at a hearing requested pursuant to either subsection C or D of this section. If a default judgment is entered, the court shall notify the city of the entry of the default judgment, and the reason for such entry. (Ord. 2547 § 9, 2006).
6.50.090 Notice, failure to sign, nonappearance—Failure to satisfy penalty.
A. A person who fails to sign a notice of civil infraction is guilty of a misdemeanor.
B. Any person willfully violating his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of civil infraction is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction; provided, that a written promise to appear in court or a written promise to respond to a notice of civil infraction may be complied with by appearance of counsel.
C. A person who willfully fails to pay a fine, unless indigent, under this chapter may be found in civil contempt of a court after notice and hearing. (Ord. 2547 § 10, 2006).
6.50.100 Representation by attorney.
A. A person subject to proceedings under this chapter may appear or be represented by counsel.
B. The city prosecutor may, but need not, appear in any proceedings under this chapter. (Ord. 2547 § 11, 2006).
6.50.110 Civil infraction—Hearing—Procedure—Burden of proof—Order—Appeal.
A. A hearing held to contest the determination that a civil infraction has been committed shall be without a jury.
B. The court may consider the notice of civil infraction and any sworn statements submitted by the authorized representative who issued and served the notice in lieu of his or her personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the authorized representative who has issued and served the notice, and has the right to present evidence and examine witnesses present in court.
C. The burden of proof is on the city to establish the commission of the civil infraction by a preponderance of evidence.
D. After consideration of the evidence and argument, the court shall determine whether the civil infraction was committed. If it has not been established that the civil infraction was committed, an order dismissing the notice shall be entered in the court’s records. If it has been established that a civil infraction has been committed, an appropriate order shall be entered in the court’s records.
E. An appeal from the court’s determination or order shall be to the superior court in the manner provided by the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. The decision of the superior court is subject only to discretionary review pursuant to the Rules of Appellate Procedure. (Ord. 2547 § 12, 2006).
6.50.120 Infraction—Explanation of mitigating circumstances.
A. A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of a civil infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that a civil infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances.
B. After the court has heard the explanation of the circumstances surrounding the commission of the civil infraction, an appropriate order shall be entered in the court’s records.
C. There shall be no appeal from the court’s determination or order. (Ord. 2547 § 13, 2006).
6.50.130 Judgment—Fine—Restitution—Costs—Attorneys’ fees.
A. Upon a finding that a civil infraction has been committed, the court shall enter judgment requiring:
1. Payment of a fine of not more than one hundred fifty dollars for each day of noncompliance.
2. Payment of court costs as defined by rule or statute.
3. Payment to the prevailing party of its reasonable attorneys’ fees as allowed by RCW 7.80.140.
B. Whenever a fine is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time, the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting attorney of the failure to pay. The court shall also notify the city of the failure to pay the penalty, and the city may revoke all licenses issued to the person under Prosser Municipal Code Section 6.16.020 by written notice to such person. In order to obtain a new license under Section 6.16.020 the person shall be required to submit evidence that the civil infraction was paid in full and pay a new license fee pursuant to Chapter 6.16.
C. The court may also order a person found to have committed a civil infraction to make restitution. (Ord. 2547 § 14, 2006).
6.50.140 Order of court—Civil nature—Modification of penalty.
A. An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the civil infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature.
B. The court may waive, reduce, or suspend the monetary penalty prescribed for the civil infraction. If the court determines that a person has insufficient funds to pay the monetary penalty, the court may reduce or eliminate the monetary penalty. (Ord. 2547 § 15, 2006).
6.50.150 Notice of infraction does not limit further action.
Issuance or disposition of a notice of civil infraction shall not limit or preclude any other action of proceeding pursuant to another ordinance of the city. (Ord. 2547 § 16, 2006).
6.50.160 Violations—Failure to provide information identifying person.
A person who is to receive a notice of civil infraction is required to identify himself or herself to the code enforcement officer by giving his or her name, address, and date of birth. Upon the request of the code enforcement officer, the person shall produce reasonable identification, including a driver’s license or identicard. A person who is unable or unwilling to reasonably identify himself or herself to the code enforcement officer may be detained for a period of time not longer than is reasonably necessary to identify the person for purposes of issuing a civil infraction. The city shall adopt rules on identification and detention of persons committing civil infractions. Wilful refusal to provide information identifying a person as required by this section is a misdemeanor. (Ord. 2547 § 17, 2006).
6.50.170 Criminal penalties.
Unless otherwise specifically provided for, any person who is convicted of violating or failure to comply with any of the criminal provisions of this title shall be subject to the following penalties:
A. Gross Misdemeanor. The penalty provided by state law as now existing or hereafter amended for the same violation or type (degree) of violation, but not to exceed a five thousand dollar fine or one year in jail or both. If no state law provides for such penalty then the penalty shall be a five thousand dollar fine or one year in jail or both.
B. Misdemeanor. The penalty provided by state law as now existing or hereafter amended for the same violation or type (degree) of violation, but not to exceed a one thousand dollar fine or ninety days in jail or both. If no state law provides for such penalty then the penalty shall be a one thousand dollars fine or ninety days in jail or both. (Ord. 2547 § 18, 2006).
6.50.990 Severability.
If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter. (Ord. 2547 § 19, 2006).